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END-USER LICENSE AGREEMENT FOR VARIAD SOFTWARE
PRODUCT: GradientBox(tm) ActiveX Control

IMPORTANT - READ CAREFULLY: IT IS NECESSARY FOR YOU TO READ, UNDERSTAND, AGREE AND BE BOUND TO THE TERMS OF THIS AGREEMENT BEFORE INSTALLING THIS SOFTWARE PRODUCT. This Variad End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Variad Corporation ("VARIAD") for the software product(s) listed above, which may include computer software, printed materials, associated software components, "online" or electronic documentation ("SOFTWARE"). By installing, copying, or using this SOFTWARE, you agree to be bound to the terms of this EULA. If you do not agree to the terms of this EULA, do not use, copy or install this SOFTWARE. You may return the SOFTWARE in its entirety to the place where you purchased it for a full refund.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

I. GRANT OF LICENSE. VARIAD grants to you as an individual, a personal, non-exclusive license to use this SOFTWARE solely for internal purposes, as follows:

A. USE. You may install the SOFTWARE on as many computers as you like, provided that you are the only user of the SOFTWARE and that it is used by you on only one computer at a time. You may not distribute this SOFTWARE to other developers in a group, unless a license is purchased for each member of the group using the SOFTWARE.

B. BACKUP. You may make additional copies of the SOFTWARE for backup or archival purposes only. These copies shall not be used for distribution, such as on a network server or other publicly accessed media.

C. EVALUATION. Prior to purchasing a license of this SOFTWARE, VARIAD grants a license to use the SOFTWARE free of charge for 30 days from the date of initial installation only for the purpose of evaluating whether to purchase an ongoing license to the SOFTWARE, provided the terms of this EULA are followed. After the evaluation period, continued use of the SOFTWARE or any program compiled using the SOFTWARE requires purchase of a valid license.

II. ADDITIONAL RIGHTS AND LIMITATIONS.

A. Distribution. You may not commercially distribute, sub-license, resell, rent, lease or otherwise transfer for any consideration, or reproduce for any such purposes, the SOFTWARE or any modification or derivation thereof, either alone or in conjunction with any other products or programs, except as defined by the section in this EULA under REDISTRIBUTABLE COMPONENTS.

B. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not disassemble, reverse engineer, modify, decompile, or otherwise abuse the intended purpose under this EULA.

C. Transfer. You may not transfer any of your rights under this EULA to any other individual.

D. Applicable Laws. You must comply with all applicable laws regarding use of this SOFTWARE.

III. COPYRIGHT. Title, ownership rights, and intellectual property rights in and to the SOFTWARE shall remain with VARIAD or its suppliers. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by VARIAD.

IV. TERMINATION. Without prejudice to any other rights, VARIAD may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and related materials.

V. NO WARRANTIES. VARIAD expressly disclaims any warranty for the SOFTWARE. THIS SOFTWARE IS PROVIDED "AS IS." VARIAD ASSUMES NO RISK IF THIS SOFTWARE DOES NOT FUNCTION PROPERLY OR OPERATE ERROR FREE AND VARIAD MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, VARIAD SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. The entire risk arising out of use or performance of the SOFTWARE remains with you.

VI. LIMITATION OF LIABILITY. In no event shall VARIAD be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SOFTWARE, even if VARIAD has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

VII. REDISTRIBUTABLE COMPONENTS.

A. Redistributable Code. In addition to the rights granted in Section I, VARIAD grants you a nonexclusive, royalty-free right to reproduce and redistribute files ("REDISTRIBUTABLES") designated as redistributable, provided you comply with the following:

(i) Under VARIAD’s copyright and subject to all the conditions in this agreement, VARIAD authorizes only the licensed, registered user of this product to reproduce and distribute exact copies of the files that VARIAD has designated as REDISTRIBUTABLES. Copies of REDISTRIBUTABLES may only be distributed with and for the sole purpose of executing application programs permitted under this agreement that you have written using this SOFTWARE.

(ii) If you redistribute the REDISTRIBUTABLES, you agree to: (A) distribute the REDISTRIBUTABLES in object code only in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the SOFTWARE ("APPLICATION"); (B) not use VARIAD’s name, logo, or trademarks to market your APPLICATION product; (C) include a valid copyright notice on your APPLICATION; (D) indemnify, hold harmless, and defend VARIAD from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your APPLICATION product; (E) not permit further distribution of the REDISTRIBUTABLES by your end user.

VII. U.S. Government Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer - Restricted Rights clause at FAR 52.227-19 when applicable and in similar clauses in the DFAR 252.227-7013, and NASA FAR Supplements. Contractor / manufacturer is Variad Corporation. P.O. Box 230605 Portland, OR 97223.

VIII. MISCELLANEOUS. This EULA is governed by the laws of the State of Oregon, U.S.A. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this EULA and shall not affect the validity or enforceability of the remaining provisions of this EULA. This EULA is the complete statement of the agreement and supersedes any proposal or prior communications between VARIAD and the user relating to the subject matter of this EULA. If you have any questions regarding this EULA or if you want to use this SOFTWARE for purposes other than evaluation, please contact VARIAD in one of the following ways, shown below:

Variad Corporation
P.O. Box 230605
Portland, OR 97223
U.S.A.

Email: info@variad.com


 

 
 

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